department of natural resources and environmental control
Division of Water Resources
PROPOSED
PUBLIC NOTICE
Proposed Total Maximum Daily Loads (TMDLs) for the Chester River, Choptank River, Marshyhope Creek and Pocomoke River Watersheds, Delaware
Brief Synopsis of the Subject, Substance, and Issues
The Department of Natural Resources and Environmental Control (DNREC) is proposing to adopt Total Maximum Daily Loads (TMDLs) Regulations for nitrogen, phosphorous, and bacteria for the Chester River, Choptank River, Marshyhope Creek and Pocomoke River Watersheds in Delaware. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still protect water quality. TMDLs are composed of three components including Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS) to account for uncertainties and future growth.
Possible Terms of the Agency Action
Following adoption of the proposed Total Maximum Daily Loads for the Chester River, Choptank River, Marshyhope Creek and Pocomoke River Watersheds, DNREC will develop a Pollution Control Strategy (PCS) to achieve the necessary load reductions. The PCS will identify specific pollution reduction activities and timeframes and will be developed in concert with Tributary Action Teams, other stakeholders, and the public.
Statutory Basis or Legal Authority to Act
The authority to develop a TMDL is provided by Title 7 of the Delaware Code, Chapter 60, and Section 303(d) of the Federal Clean Water Act, 33 U.S.C. 1251 et. seq., as amended.
Other Legislation That May be Impacted
None
Notice of Public Hearing and Comment
A public hearing will be held at 6:00 p.m., Thursday, October 27, 2005, at the University of Delaware Cooperative Extension Service, Research and Education Center, 16684 County Seat Highway (Route 9), Georgetown, Delaware 19947. The hearing record will remain open until 4:30 p.m., Monday, October 31, 2005. Please send written comments to Hassan Mirsajadi, Watershed Assessment Section, Division of Water Resources, Department of Natural Resources and Environmental Control, 820 Silver Lake Boulevard, Suite 220, Dover, DE 19904-2464, (302) 739-9939, facsimile: (302) 739-6140, email: (Hassan.Mirsajadi@state.de.us). All written comments must be received by 4:30 p.m., Monday, October 31, 2005.
Additional information and supporting technical documents may be obtained by contacting Hassan Mirsajadi at the above address.
Prepared By:
John Schneider, Watershed Assessment Section, 739-9939
7410 Total Maximum Daily Loads (TMDLs) for Choptank River, Delaware
1.0 Introduction and Background
Water quality monitoring performed by the Department of Natural Resources and Environmental Control (DNREC) has shown that the Choptank River is impaired by high levels of bacteria, elevated levels of the nutrients nitrogen and phosphorous, and low dissolved oxygen, and that the designated uses are not fully supported by water quality in the stream.
Section 303(d) of the Federal Clean Water Act (CWA) requires states to develop a list (303(d) List) of waterbodies for which existing pollution control activities are not sufficient to attain applicable water quality criteria and to develop Total Maximum Daily Loads (TMDLs) for pollutants or stressors causing the impairment. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still protect water quality. TMDLs are composed of three components, including Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS).
DNREC listed Choptank River on several of the State???s 303(d) Lists and proposes the following Total Maximum Daily Load regulation for nitrogen, phosphorous, and Enterococcus bacteria.
2.0 Total Maximum Daily Loads (TMDLs) Regulation for the Choptank River, Delaware
Article 1. The nonpoint source nitrogen load in the entire watershed shall be capped at the 2001-2003 baseline level. This shall result in a yearly-average total nitrogen load of 1,359 pounds per day.
Article 2. The nonpoint source phosphorus load in the entire watershed shall be reduced by 40 percent from the 2001-2003 baseline level. This shall result in reducing the yearly-average total phosphorous load from 127 pounds per day to 75.9 pound per day.
Article 3. The nonpoint source bacteria load shall be reduced by 87.8% from the 1997 ??? 2005 baseline level. This shall result in reducing a yearly-mean bacteria load from 4.3E+11 CFU per day to 4.4E+10 CFU per day.
Article 4. Based upon water quality model runs and assuming implementation of reductions identified by Articles 1 through 3, DNREC has determined that, with an adequate margin of safety, water quality standards will be met in Choptank River.
Article 5. Implementation of this TMDL Regulation shall be achieved through development and implementation of a Pollution Control Strategy. The Strategy will be developed by DNREC in concert with the Tributary Action Teams, other stakeholders, and the public.
